Civil Procedure

Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do

New York Law Journal |Analysis

Specific Jurisdiction Through the Lens of New York Activity of Foreign Banks

Edward M. Spiro and Judith L. Mogul | December 16, 2018

In their Southern District Civil Practice Roundup, Edward Spiro and Judith Mogul discuss Chief Judge Colleen McMahon's recent decision in 'Nike v. Wu', which applied certain general principles of specific jurisdiction to the New York activities of a group of foreign banks against whom discovery was sought in the Southern District of New York in connection with a judgment enforcement proceeding.
Daily Business Review |Commentary

It's Not About Politics: The Rights Afforded to Undocumented Employees Hurt at Work

Amy Siegel Oran | December 16, 2018

When undocumented workers get hurt on the job, their illegal status does make them ineligible for workers' compensation benefits, but, it may limit the benefits to which they are entitled.
New York Law Journal |News

Western NY Judge Sends Habeas Case for Bronx Zoo Elephant Back to NYC

Andrew Denney | December 14, 2018

A judge in rural Orleans County, New York, located about 380 miles from the Bronx Zoo, said at a hearing Friday that the best venue for a legal battle over the release of Happy, an Asian elephant living alone at the zoo, is back on the elephant's home turf.
The Recorder |News

LG Raises Jurisdictional Defense, Sparking Move to Coordinate CA Lawsuits Over Exploding E-Cigarettes

Amanda Bronstad | December 14, 2018

On Monday, an Orange County Superior Court judge will hear arguments over whether lawsuits alleging injuries caused by exploding e-cigarettes should be coordinated to decide a jurisdictional challenge raised by LG, the alleged manufacturer of the lithium ion batteries.
Litigation Daily |News

In Exploding E-Cigarettes Suits, LG Raises Jurisdictional Defense

Amanda Bronstad | December 14, 2018

On Monday, an Orange County Superior Court judge will hear arguments over whether lawsuits alleging injuries caused by exploding e-cigarettes should be coordinated to decide a jurisdictional challenge raised by LG, the alleged manufacturer of the lithium ion batteries.
New York Law Journal |News

Weinstein Accusers Seek to Block Emails Unearthed in Del. Bankruptcy Action

Colby Hamilton | December 14, 2018

The class members in a lawsuit in Manhattan federal court argue Weinstein's legal team is seeking an end-run around that court's judicial oversight.
Litigation Daily |News

Weinstein Accusers Want to Block Emails Unearthed in Del. Bankruptcy Action

Colby Hamilton | December 14, 2018

The class members in a lawsuit in Manhattan federal court argue Weinstein's legal team is seeking an end-run around that court's judicial oversight.
New York Law Journal |

Blockchain: Immutable Ledger, But Admissible Evidence?

Neil Gray and Maxwell J. Eichenberger | December 14, 2018

This article begins with a brief overview of blockchain technology, then addresses the current evidentiary hurdles blockchain records face, and concludes with considerations for attorneys seeking to enter blockchain receipts (discussed further below) into evidence and businesses implementing blockchain solutions.
New York Law Journal |

Using a CPLR 5222 Restraining Notice to Freeze Fraudulently Transferred Assets

Bernard D'Orazio | December 14, 2018

The technique of serving Restraining Notices to freeze accounts held in the name of third parties provides judgment creditors with a potentially powerful Judgment enforcement tool. As with anything powerful, it should be used carefully and wisely.
The Legal Intelligencer |Commentary

What Does Functus Officio Have to Do With Ambiguous Arbitration Awards?

Charles F. Forer | December 14, 2018

Bob's adversary Roger was puzzled by the arbitrator's award. “I think we got what we wanted,” Roger told his client. But Roger was not sure. Why? The award said Roger's client won. That surely was good news.
New Jersey Law Journal |Case Digests

Doncheva v. Citizens Bank

December 14, 2018

The plaintiff alleged that defendants Citizens Bank, Nations Default Services, Inc., Urden Law Offices, and ABC Corps. illegally used false, deceptive, and/or misleading representations or means to collect a purported debt owed.
New Jersey Law Journal |Case Digests

Goshen Mortgage LLC v. Cichy

December 14, 2018

In the mortgage foreclosure action, the defendant appealed from an order that denied his motion to vacate a default, the final judgment of foreclosure and a writ of execution and to stay the proceedings.
New Jersey Law Journal |News

Mercedes-Benz Price-Fixing Suit Against Auto Shippers Turns Back to New Jersey Court

Michael Booth | December 13, 2018

U.S. District Judge Stanley Chesler on Wednesday rejected pre-emption claims and ordered that the lawsuit against Nippon Yusen Kabushiki Kaisha, K Line America, Matsui O.S.K., Wallenius Wilhelmsen Logistcs AS and Kawasaki Kaisha Ltd. be moved back to Bergen County Superior Court.
The Legal Intelligencer |Commentary

The Uncommon Law of 2018: Reversals of Precedent and Splits of Authority Dominate

Daniel E. Cummins | December 13, 2018

Over the past year there have been dramatic reversals of long-standing law by a newly activist Pennsylvania Supreme Court. There have been clarifications of recurring civil litigation issues by both the Superior Court and Commonwealth Court.
New York Law Journal |Case Digests

Deutsche Bank Securities Inc. v. Borjas

December 13, 2018

FINRA Arbitration Enjoined; Funds Improperly Transferred to non-FINRA Party
New York Law Journal |Case Digests

Wallach v. Greenhouses Hotel

December 13, 2018

Defendants' Motion Based on CPLR 501 Forum Selection Provision Granting it Venue Change
New Jersey Law Journal |Case Digests

Dean v. Harrah's Atlantic City Operating Co., LLC

December 13, 2018

The appeal by the plaintiff and her counsel in a personal injury case sought to reverse the trial court's order that imposed sanctions in counsel fees and costs upon them, jointly and severally.
New York Law Journal |Analysis

BR-Code Support and EUO/IME No-Show Defense

David M. Barshay | December 12, 2018

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses cases weighing-in on an insurer's burden to request additional verification to support by-report codes, and a recent Fourth Department ruling requiring timely denial for EUO/IME no-show defense.
New Jersey Law Journal |Case Digests

Ruff v. Rutgers, The State Univ. of New Jersey

December 12, 2018

The plaintiff, a Rutgers University campus police officer appealed from the dismissal of his complaint against his employer that alleged a breach of the collective bargaining agreement that was entered into between the Fraternal Order of Police and Rutgers.
The Recorder |Case Digests

Donohue v. AMN Services, LLC

December 12, 2018

Employer's "rounding" policy not shown to deprive employees of compensation for actual time worked
New Jersey Law Journal |Case Digests

Tamerlane & Tamerlane III v. Hollis

December 12, 2018

The defendant appealed from a judgment for possession granted to the plaintiff who were the owners of an apartment complex where the defendant resided.
The Recorder |Case Digests

Mechling v. Asbestos Defendants

December 12, 2018

Insurer entitled to equitable relief from default after being deprived of notice or opportunity to defend itself in underlying litigation
Delaware Law Weekly |Case Digests

Kennedy v. Law School Admissions Council, Inc.

December 12, 2018

Plaintiff did not specifically allege the citizenship of any of the defendants, so no basis existed for diversity ju-risdiction, and plaintiff also failed to state any federal claim, so the court lacked jurisdiction over any of the re-maining state law claims.
Daily Report Online |Case Digests

Cobb County School District et al. v. Learning Center Foundation of Central Cobb, Inc.

December 11, 2018

No sovereign immunity for school district on breach of contract claim.
New York Law Journal |News

Abuse Survivor's $4M Judgment Against Jehovah's Witness Umbrella Organization Upheld by Court

Ross Todd | December 10, 2018

The ruling leaves in place terminating sanctions issued after the Watchtower Bible and Tract Society of New York.refused to hand over a trove of documents concerning known molesters in the church.
The Recorder |News

Abuse Survivor's $4M Judgment Against Jehovah's Witness Umbrella Organization Upheld by Court

Ross Todd | December 10, 2018

The ruling from the Fourth District Court of Appeal leaves in place terminating sanctions issued after the Watchtower Bible and Tract Society of New York Inc. refused to hand over a trove of documents concerning known molesters in the church.
New York Law Journal |News

Western NY Judge Set to Weigh Arguments for Release of Bronx Zoo Elephant

Andrew Denney | December 10, 2018

The effort is being led by the Nonhuman Rights Project and its president, Steven Wise, who has been advocating for years to establish legal rights for animals.
Litigation Daily |News

NY Judge Set to Weigh Arguments for Release of Bronx Zoo Elephant

Andrew Denney | December 10, 2018

The effort is being led by the Nonhuman Rights Project and its president, Steven Wise, who has been advocating for years to establish legal rights for animals.
The Legal Intelligencer |Commentary

How Not to Foul-Up Your Appeal, Part One: The Notice of Appeal

Howard J. Bashman | December 10, 2018

Today's column is the first of a three-part series intended to help readers understand and hopefully avoid some of the most troublesome pitfalls lurking in appellate practice.
New Jersey Law Journal |Commentary

Reconsideration More Efficient Than Appeal, Appellate Case Shows

Law Journal Editorial Board | December 10, 2018

Trial judges face a sometimes unenviable task on motion days, often with a dozen or more motions to review and decide in a limited number of hours on alternate Fridays. We do not envy them. But in this case, the Appellate Division called out errors that were clearly avoidable and caused additional work for both the parties and the court system.
Daily Business Review |News

Nelson Mullins Team Wins Dismissal of Telenovela Copyright Case

Catherine Wilson | December 10, 2018

Most Effective Lawyers: Intellectual property — Attorneys for Mexico's TV Azteca persuaded a Miami federal judge to reject the lawsuit for lack of jurisdiction.
Daily Business Review |News

Holland & Knight Defeats Default Judgment, Then Avoids Liability for Dominican Republic

Catherine Wilson | December 10, 2018

Most Effective Lawyers: International litigation — The legal team successfully voided a $50 million default judgment and avoided liability in trial.
Texas Lawyer |Case Digests

ASI Aviation v. Arnold Itkin

December 10, 2018

ASI Aviation entered into an agreement with Arnold & Itkin that ASI would provide air travel services to Arnold.
New York Law Journal |Case Digests

N.Y.C. Campaign Fin. Bd. v. Testaverde

December 10, 2018

Conclusory Statement of No Longer Living at Address Where Service Effectuated Insufficient
Texas Lawyer |Case Digests

Heinrich v. Calderazzo

December 10, 2018

Heinrich was the widow of a police officer killed in the line of duty.
Texas Lawyer |Case Digests

Harris County v. PXP Aircraft

December 10, 2018

PXP owned several commercial aircrafts that it leased to air carriers.
New York Law Journal |Case Digests

Setarehshenas v. Nat'l Comm'n on Certification of Physician Assistants

December 10, 2018

National Testing Bodies Not 'Licensing' Organizations Under NYSHRL, NYCHRL
Texas Lawyer |Case Digests

Christian v. Venefits

December 10, 2018

Venefits sued Christian and other directors to recover damages for breach of contract.
Texas Lawyer |Case Digests

Goss v. Sillmon

December 10, 2018

Sillmon sued Goss, alleging that Goss caused a car accident that injured Sillmon.
Texas Lawyer |Case Digests

HMT Tank v. American Tank

December 10, 2018

HMT sought a declaration that they did not owe defense or indemnity to ATV for ATV's potential liability to a third party.
New York Law Journal |Case Digests

Whittaker v. Vane Line Bunkering Inc.

December 10, 2018

Removal of Claims Against Vessels, LHWCA 'Vessel Negligence' Claim Granted; Suit Remanded
New Jersey Law Journal |Case Digests

Vargas v. Eckhardt

December 10, 2018

The matter came before the court on a motion filed by the plaintiffs for reconsideration of the court's prior order that dismissed the action for lack of subject matter jurisdiction.
Connecticut Law Tribune |Case Digests

Citibank, N.A., Tr. v. Stein

December 10, 2018

Court Affirms Trial Court's Decision That Holder Of Mortgage Note Has Standing In Foreclosure Action
The Legal Intelligencer |Case Digests

Richard E. Pierson Construction Co., Inc. v. Philadelphia Regional Port Auth.

December 10, 2018

Pursuant to Third Circuit precedent, the court considered in equal measure the factors for determining whether defendant, the Philadelphia Regional Port Authority, was an arm of the commonwealth entitled to sovereign immunity and concluded that defendant did enjoy sovereign immunity. The court dismissed plaintiff's complaint with prejudice.
Connecticut Law Tribune |Case Digests

Joseph Moore v. Comm'r of Corr.

December 10, 2018

Habeas Denial Upheld Where No Ineffective Assistance Of Counsel
New Jersey Law Journal |Case Digests

G.Y. v. County of Atlantic

December 10, 2018

The defendant, County of Atlantic, appealed from an order that granted a motion by the plaintiff to file a late notice of tort claim for an alleged sexual assault that occurred while she was incarcerated in an Atlantic County facility.
The Recorder |Case Digests

CPF Vaseo Associates, LLC v. Gray

December 10, 2018

Award of sanctions under former Code Civ. Proc. §128.5 requires compliance with §128.7's safe harbor provision
The Recorder |Case Digests

Calvert v. Al Binali

December 08, 2018

Judgment rendered void on its face due to improper service by publication
New Jersey Law Journal |Case Digests

Gomez v. Liberty Mut. Fire Ins. Co.

December 07, 2018

The defendant appealed from an order that denied its motion to vacate a default judgment against it in favor of the plaintiff.
New Jersey Law Journal |Case Digests

Kelleher v. PMD Enterprises, Inc.

December 07, 2018

In this breach of contract case, the defendants appealed from an order that was entered on remand, which granted summary judgment to the plaintiffs, and an order that awarded counsel fees, costs, and prejudgment interest in the plaintiff's favor.
New Jersey Law Journal |Case Digests

Usechak v. Borough of Shrewsbury Planning Bd.

December 07, 2018

In this action in lieu of prerogative writs, defendants Francis Moore and Suzanne Moore appealed from an order that reversed the decision of defendant Borough of Shrewsbury Planning Board that granted Moore's application for minor subdivision approval with variances.
The Legal Intelligencer |Commentary

Montgomery County's New Custody Procedure Emphasizes Child Stability

Aaron D. Weems | December 06, 2018

Montgomery County's goal is to decrease the time between a petitioner's filing date and the issuance of a final custody order and foster a system where each stage of the process can be a meaningful opportunity for resolution.
Daily Report Online |

GDOT Pays $550K to Motorcyclist Injured After Fall on Rough Patch of I-20

Greg Land | December 06, 2018

The pavement along the section of the interstate where the motorcyclist's bike slid out from under him had broken down and was essentially "gravel and rocks," said attorney Woody Sampson.
The Legal Intelligencer |Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton | December 06, 2018

I am representing an individual charged with murder in the first degree and it appears the death penalty will be sought. The evidence is overwhelming. I want to focus on the penalty phase. The client, who I think is mentally unbalanced, wants me to fight the guilt/innocence phase. What can I ethically do?
New Jersey Law Journal |Analysis

Third Circuit Now 'Encompasses' Pre-Service Removal

Stephen J. Finley and Randy A. Gray | December 06, 2018

Pre-service removal, sometimes also referred to as “snap removal,” is a proper and legitimate method to secure a federal forum.
The Legal Intelligencer |Commentary

After Causing Serious Injury, Death in Collision, Cop Outruns the Law

Cliff Rieders | December 06, 2018

Imagine this situation. A tragic car collision injures Michael Sauers and kills his wife. The injuries and death result from the “criminally reckless driving of police officer Stephen Homanko,” but the police officer walks away from any civil liability for money damages to the family he killed and injured. How could such a thing happen?
New Jersey Law Journal |Case Digests

Wiebel v. Morris, Downing & Sherred, LLP

December 06, 2018

The plaintiff appealed from an order that granted summary judgment to the defendants and dismissed his legal malpractice complaint.
New Jersey Law Journal |Case Digests

Zemel v. CSC Holdings, Inc.

December 06, 2018

Before the court was the defendant's motion to dismiss the complaint or, in the alternative, stay the matter.
New Jersey Law Journal |Case Digests

Citizens Bank of Pennsylvania v. Donchev

December 06, 2018

The defendant appealed the trial court's denial of her motions to vacate a final judgment of foreclosure, set aside the sheriff's sale, and enforce a post-sale offer to settle the mortgage loans.
The Legal Intelligencer |News

In Strange Case of Verdict Slip That Revealed Too Much, Justices Reinstate $2.1M Award

Zack Needles | December 05, 2018

The Pennsylvania Supreme Court has reinstated a $2.1 million jury award that mistakenly included compensation for future wage loss, finding that the defendant waived its right to challenge the verdict by failing to object at several intervals during trial.
Litigation Daily |Commentary

US Supreme Court Weighs Execution of Prisoner With Severe Dementia

Stephen A. Miller and Rachel Collins Clarke | December 05, 2018

The U.S. Supreme Court is considering whether the Eighth Amendment's prohibition against cruel and unusual punishment bars the execution of an inmate suffering severe dementia.
The Legal Intelligencer |Commentary

US Supreme Court Considers Execution of Prisoner With Severe Dementia

Stephen A. Miller and Rachel Collins Clarke | December 05, 2018

The U.S. Supreme Court is considering whether the Eighth Amendment's prohibition against cruel and unusual punishment bars the execution of an inmate suffering severe dementia.
New York Law Journal |Analysis

Questioning Adverse Parties and Hostile Witnesses on the Direct Case: New York's Approach

Michael J. Hutter | December 05, 2018

Evidence columnist Michael J. Hutter explores New York's rules governing the questioning, including impeachment, of adverse parties and hostile witnesses on a party's direct case.
New Jersey Law Journal |Analysis

'Bristol Myers' and Product Liability Class Actions, One Year Later

Michael H. Reed | December 05, 2018

Does the U.S. Supreme Court's decision in 'Bristol Myers Squibb' apply to class actions?
New York Law Journal |Case Digests

American Honda Fin. Corp. v. Route 57 Dev. LLC

December 05, 2018

Petitioner Can Bring Contempt Proceeding For Non-Compliance with Order Appointing Receiver
New Jersey Law Journal |Case Digests

Foulke Mgmt. Corp. v. Domestic Linen Supply Co., Inc.

December 05, 2018

The matter was before the court for the second time.
New Jersey Law Journal |Case Digests

Lasermaster Int'l Inc. v. The Netherlands Ins. Co.

December 05, 2018

Defendant insurer sought leave to file an amended answer asserting three additional defenses in plaintiff's action asserting constructive denial of an insurance claim.
New Jersey Law Journal |Case Digests

Palmist Trucking, LLC v. City of Linden

December 05, 2018

The plaintiff sought to bring the action in forma pauperis.
New Jersey Law Journal |Case Digests

Acosta-Santana v. Santana

December 05, 2018

The executor of the defendant Cesar Santana's estate appealed from an order that granted summary judgment to the plaintiff and dismissed the divorce complaint with prejudice and a subsequent order that denied the executor's motion for reconsideration.
New York Law Journal |News

Prominent Foreclosure Firm Settles Fannie Mae Fraud Charges

Colby Hamilton | December 04, 2018

Rosicki, Rosicki & Associates agreed to pay more than $4 million to the government to settle charges it defrauded federal housing programs in the wake of the housing crisis.
New York Law Journal |Analysis

Stipulations of Settlement: Not Always Final and Binding

Patricia Kane | December 04, 2018

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Help Social Services v. John,' which they describe as a "cautionary reminder that, particularly when dealing with pro se tenants, stipulations of settlement may ultimately not be enforced, and may not accomplish the goal of finality which had hoped to be achieved."
Daily Business Review |Commentary

Testifying Remotely May Soon Be Easier if Proposed Rule Changes Are Approved

Miguel J. Chamorro | December 04, 2018

Growing confidence in the use of real-time communications equipment to take the testimony of witnesses located elsewhere has generated proposed amendments to Florida's rules of court procedure that may incentivize the use of such equipment—by allowing witnesses to be sworn in remotely.
The Legal Intelligencer |Case Digests

Krasco Fin. LLC v. Johnson

December 04, 2018

Defendant was not allowed to open or strike a judgment entered by confession, because her own affidavit indicated that she did not comply with the terms of a forbearance agreement.
New Jersey Law Journal |Case Digests

7654 Grassia, Jr. v. Underwood Mem'l Hosp.

December 04, 2018

In this medical malpractice action, the plaintiff appealed an order that barred his expert from testifying as to the standard of care and granted the summary judgment dismissal of the wrongful death and survival claims that related to the death of his wife, Elizabeth Grassia.
New Jersey Law Journal |Case Digests

Svigals v. Lourdes Imaging Associates

December 04, 2018

The case concerned a shareholder suit by a minority shareholder in a closely held business.
The Legal Intelligencer |Commentary

No Work-Product Protection for Notes Written by Investigator Hired by Counsel

Kevin P. Allen | December 03, 2018

Work-product protection under Pennsylvania's Rules of Civil Procedure is very narrow for nonattorneys, and that is true even if the work product in question is created by a nonattorney hired by and working at the express direction of counsel.
The Legal Intelligencer |News

Judge Rejects Oklahoma Company's Attempt to Keep Injury Suit Out of Phila. Court

P.J. D'Annunzio | December 03, 2018

U.S. District Judge Joel Slomsky of the Eastern District of Pennsylvania granted plaintiff Eric Scalla's motion to remand the case from federal court to the Philadelphia Court of Common Pleas.
New York Law Journal |News

Westchester Jury Awards $28M in Physical, Sexual Assault of High School Student

Andrew Denney | December 03, 2018

According to Jordan Merson of Merson Law, who represented the plaintiff, the award is the largest handed up by a jury in a sexual and physical assault case in New York state history.
New York Law Journal |Analysis

Legislative Changes Regarding Compelling Evidence at Trial

Thomas A. Moore and Matthew Gaier | December 03, 2018

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: In recent years there have been several changes to the CPLR that make it easier for litigants to compel the production of, and admit, evidence at trial. These statutory amendments can be particularly helpful in medical malpractice actions, and are the subject of this column.
Legaltech News |News

Could China's Internet Courts Work in the US?

Victoria Hudgins | December 03, 2018

China's Internet Courts could provide a model to improve U.S. courts' inefficiencies. But the prospects of implementing such a system in the U.S. is slim, expert say.
Connecticut Law Tribune |Case Digests

Town of Montville v. Lorraine A. Utz, et al.

December 03, 2018

Court Grants Lift Of Appellate Stay In Foreclosure Sale
Texas Lawyer |News

40 Media Groups Push For Texas Anti-SLAPP Law to Apply in Federal Litigation

John Council | November 29, 2018

A group of 40 media organizations, including The New York Times and The Washington Post, have filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit urging them to allow civil litigants to use Texas' Anti-SLAPP statute to protect themselves against defamation claims filed in federal—not only state—courts.
Litigation Daily |News

40 Media Organizations Push For Texas Anti-SLAPP Law to Apply in Federal Litigation

John Council | November 29, 2018

A group of 40 media organizations, including The New York Times and The Washington Post, have filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit urging them to allow civil litigants to use Texas' Anti-SLAPP statute to protect themselves against defamation claims filed in federal—not only state—courts.
The Legal Intelligencer |Commentary

Have the Courts Made Room for Inevitability Under the Defend Trade Secrets Act?

Edward T. Kang and Kandis L. Kovalsky | November 29, 2018

The Defend Trade Secrets Act (DTSA), 18 U.S.C. Section 1836, et seq., which was enacted on May 11, 2016, after a Senate vote of 87-0, is the first federal law to protect trade secrets.
New Jersey Law Journal |Analysis

Has Standing to Foreclose Become a Moot Question?

Myron C. Weinstein | November 29, 2018

Standing today is a leading issue in contested mortgage foreclosures, and New Jersey courts are using the 'Mitchell' standard to limit mortgagors' standing defenses. The crux of the problem is that 'Mitchell' is based on a mistake
New York Law Journal |News

Start of Johnson & Johnson Talc Powder Trial in Manhattan Delayed Until New Year

Andrew Denney | November 28, 2018

The trial, which is before Manhattan Supreme Court Justice Barbara Jaffe, is the 11th regarding Johnson & Johnson's allegedly asbestos-laden talcum powder, which plaintiffs say is giving them cancer.
The Legal Intelligencer |Commentary

Arbitration's 'Value Proposition,' Timely and Less Expensive Dispute Resolution

George J. Krueger | November 28, 2018

Parties can either go to court to resolve their disputes in a public forum for free or they can submit their claims to a dispute resolution service, such as the American Arbitration Association (AAA), for a confidential determination in an agreed upon location.
New York Law Journal |Analysis

Fine-Tuning Your Service of Process Clause

Lawrence W. Newman and David Zaslowsky | November 28, 2018

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent decision which invalidated service of process made in accordance with a provision allowing service of process by overnight courier and provide drafting tips to avoid such problems in the future.
The Legal Intelligencer |News

Companies Settle With Paralyzed Oilfield Worker for $44M

Max Mitchell | November 27, 2018

An oilfield worker who was rendered quadriplegic after a light fixture improperly attached to an oil derrick fell more than 100 feet onto his head has settled his claims against five companies for a total of $44 million.
Litigation Daily |News

Paralyzed Oilfield Worker Settles Claims for $44M

Max Mitchell | November 27, 2018

An oilfield worker who was rendered quadriplegic after a light fixture improperly attached to an oil derrick fell more than 100 feet onto his head has settled his claims against five companies for a total of $44 million.
Daily Business Review |

No Attorney Fees for Cruise Line in Ongoing Saga Over a Wrongly Discounted Diamond

Zach Schlein | November 27, 2018

Starboard Cruise Services entered a proposal for settlement in its legal battle with a passenger who purchased a $4.75 million diamond for the quoted price of $235,000 aboard one of its ships. After emerging victorious, the Third District Court of Appeal has denied the cruise line's motion for attorney fees because the passenger's claim sought both damages and non-monetary relief.
The Recorder |Expert Opinion

Will the Northern District of California's New Settlement Guidance Become the Standard by Which All Class Action Settlements Are Measured?

Michael Mallow and Rachel Straus | November 26, 2018

With little fanfare, the Northern District of California recently issued guidance on class action settlements. The Guidance—by far the most comprehensive in the country—has the potential to have a significant impact, not just on class actions filed in the Northern District of California, but in class actions filed throughout the country.
Litigation Daily |Expert Opinion

Will New Guidance from the Northern District of California Become the Standard by Which All Class Action Settlements Are Measured?

Michael Mallow and Rachel Straus | November 26, 2018

With little fanfare, the Northern District of California recently issued guidance on class action settlements. The Guidance—by far the most comprehensive in the country—has the potential to have a significant impact, not just on class actions filed in the Northern District of California, but in class actions filed throughout the country.
Daily Business Review |Commentary

Defense Counsel Should Include Public Relations as Part of Their Strategy

Paul Abercrombie | November 26, 2018

Time was, if a local or national company was sued, news of the lawsuit—assuming it even made the news—was largely confined to the city or town where the suit was filed.
New Jersey Law Journal |Commentary

Judiciary Receptive to Input on eCourts

Young Lawyers Advisory Board | November 26, 2018

OP-ED: We met with representatives from the Judiciary, and we were happy to learn that the Judiciary is interested in hearing from practitioners regarding ways to improve eCourts and electronic filing.
New York Law Journal |

Compelling Third-Party Discovery in New York Arbitration

Claudia Salomon and Abhinaya Swaminathan | November 23, 2018

Three key considerations and strategic guidance for practitioners seeking third-party discovery in New York.
The Legal Intelligencer |Commentary

The Gist of the Gist Doctrine in Legal Malpractice Actions

Josh J.T. Byrne | November 23, 2018

Our courts have long recognized a legal malpractice action can sound in tort or contract. In the last several years Pennsylvania courts have not spilled a lot of ink on the distinction between the two causes of action. Federal courts in Pennsylvania have been much more active in discussing the distinction and its importance.
New York Law Journal |Analysis

Court of Appeals Addresses CPLR 3013's Pleading Requirements

Patrick M. Connors | November 23, 2018

In his New York Practice column, Patrick M. Connors analyzes 'Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois', a case which addressed pleading requirements.
The Legal Intelligencer |Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton | November 21, 2018

A husband and wife came into my office. She had given a statement to the police about some sexual abuse by the husband. The husband has advised me that she wants to withdraw the charges because they are not true. The district attorney wants her to go before a grand jury. Can I advise her to plead the Fifth Amendment?
New Jersey Law Journal |News

Third Circuit to Take Up Issue of Lost Revenue During Battle Over Sports Betting

Charles Toutant | November 21, 2018

Monmouth Park's operator has appealed to the Third Circuit after a federal judge denied its bid for reimbursement from a $3.4 million injunction bond of lost gambling revenue during a legal battle over sports betting.
The Legal Intelligencer |Commentary

Discovery on Discovery and the Proportionality of Discovery Issue

Will Sylianteng | November 21, 2018

In Alley v. MTD Products, (WD.Pa. 2018, Case No. 3:17-cv-3), Judge Kim Gibson of the U.S. District Court for the Western District of Pennsylvania highlighted and discussed two often overlooked and under-appreciated aspects of discovery: the extent that one can undergo an inquiry that involves “discovery on discovery”; and proportionality as a limit on discovery.
Texas Lawyer |News

Days Before Thanksgiving, Houston Lawyers Facing Family Crises Win Emergency Stay of Trial

John Council | November 20, 2018

A pair of Houston plaintiffs attorneys recently had to pursue emergency appellate relief to stay an upcoming trial date on the Monday after the holiday. One lawyer recently had a child in the hospital, and the other had a sister in hospice care.
New York Law Journal |Analysis

Personal Jurisdiction in the Age of Blockchain

Robert A. Schwinger | November 20, 2018

In his Blockchain Law column, Robert A. Schwinger writes: As commercial activity increasingly intertwines with applications of blockchain technology with participants around the world, courts have had to grapple with the personal jurisdiction implications of such arrangements. Will participants in these blockchain applications based outside the United States find themselves subject to U.S. jurisdiction when disputes arise, based on how they have conducted their activities?
New York Law Journal |Analysis

Forceful Brief Writing and Oral Argument

Joseph P. Napoli and Kristina Georgiou | November 20, 2018

The best way to win an appeal is to thoroughly prepare your case on the facts and on the law.
Daily Business Review |News

Federal Judge Scraps Part of NRA Lobbyist 'Disgusting' Email Case

Jim Saunders | November 20, 2018

U.S. District Judge Robert Hinkle dismissed NRA lobbyist Marion Hammer's claims against California attorney Lawrence Sorensen, who sent two emails to Hammer that included photos showing injuries from gunshot wounds.

LOAD MORE

Featured Firms

Law Offices of Mark E. Salomone
2 Oliver St #608
Boston, MA 02109
857-444-6468
www.marksalomone.com
Gary Martin Hays & Associates P.C.
235 Peachtree St NE #400
Atlanta, GA 30303
800-898-4297
www.garymartinhays.com
Smith & Hassler
225 N Loop W #525
Houston, TX 77008
(877) 777-1529
www.smithandhassler.com

Presented by BigVoodoo

More from ALM

Legal Analytics: Benefits for Competitive Intelligence & Impact on Law Firms

From Lex Machina

Competitive intelligence offers savvy law firms an edge on the competition. Learn how your firm can leverage the behavior of clients, competition, or prospects to gain a strategic advantage.

Download Now ›
Strategies for Preventing and Responding to a Data Breach

From Epiq

Learn proactive strategies to protect your firm from a data breach, your obligations in responding to an incident, and the risks you face if a breach occurs.

Download Now ›
How In-House Counsel can Take Law Firm Selection to the Next Level

From Lex Machina

Technological innovations are changing how In-house counsel are comparing, and ultimately selecting law firm counsel. Learn what’s possible and how your organization’s bottom line can benefit.

Download Now ›

Browse More Resources →

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

View Now
Team Accounts

Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

View Now
Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Legal Compass →

Legalweek 2019

January 28, 2019 - January 31, 2019
New York, NY

Brings together all facets of the legal profession to address the key challenges facing the industry
GlobeSt. Philadelphia 2019

February 13, 2019
Philadelphia, PA

Connect with greater Philadelphia's elite commercial real estate professionals at the largest & longest running event in area.
Trust & Estates Litigation Forum 2019

March 07, 2019 - March 09, 2019
Girona

Annual forum for the world's leading trust and estate litigators.

Browse More Events →

webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

webseminar

Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

webseminar

Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

IN-HOUSE/LIFE SCIENCES

Boston, Massachusetts

Top global biopharmaceutical company seeks 5+ year attorney with in-house or law firm experience advising commercial stage pharmaceutical or...
Apply Now ›
IN-HOUSE/LIFE SCIENCES/CONTRACTS

Boston, Massachusetts

Outstanding opportunity for 3+ year attorney to join stellar biotech company in contracts manager role. Prior experience drafting and negoti...
Apply Now ›
Real Estate Attorney

Long Island, New York, United States

Premier Nassau firm will pay NYC salary for a mid to senior level real estate generalist with sophisticated transactional experience and exc...
Apply Now ›

LOWENSTEIN SANDLER LLP

12/10/2018
NJLJ Web

LOWENSTEIN SANDLER LLP ANNOUNCES
View Announcement ›
BRAFF, HARRIS & SUKONECK

12/10/2018
NJLJ Web

IN MEMORIAM: Harold I. Braff
View Announcement ›
PARRETT, PORTO, PARESE & COLWELL, P.C.

12/10/2018
Connecticut Law Tribune

View Announcement ›

Professional Announcements →

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.